Practical Difficulties Documentation Form

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PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000042 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Our original two story structure was built in 1924 with full height, unfinished basement where major utilities are located. Access from within the house to their basement should be retained. The homeowner is requesting to extend the plane of existing exterior wall only to create accessible stairway to existing lower level. The garage portion of the addition will conform to current side setback. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The homeowner was not aware that his current structure was/is non-confirming. We have designed the proposed plan to minimize space added in setback space (stairway to basement) in addition has not made encroachment on setback greater than current house line relative to lot line. 3. The variance, if granted, will not alter the essential character of the locality. Response: Our property is quite narrow. The variance will allow us to retain the existing character and appearance of the home. A deviation to addition layout would adversely effect how roof lines work therefore hurting the "essential character" of this home. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Due to how house was constructed, the current stairways / multiple levels do not allow one to "age in place". This remodel will provide that. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. Response: This remodel will provide this Owner to stay in their home and are currently restricted from doing so due to their narrow lot. Granting this variance will help them and generations to come help use / enjoy this house. Without this, owners will need to look for other solutions, meaning this would be a tear-down. Helping people re-use and stay in their homes is at the core to Sustainable Building Principals and ways of life. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: Our original two story structure was built in 1924 with full height, unfinished basement where major utilities are located. Access from within the house to their basement should be retained. The homeowner is requesting to extend the plane of existing exterior wall only to create accessible stairway to existing lower level. The garage portion of the addition will conform to current side setback. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: NA 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: Narrow lot with current setbacks mean this existing structure is non-conforming. The owner did not build the house. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The preexisting non-conformity of structure was due to a change in zoning rules that pre-dates this owner. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The combined structure has three outside entrances, each requiring three or four steps up to the main floor. We